HomeMy WebLinkAboutOrdinance - 2024-O0087 - Zone Case 2538-LL - 06/11/2024First Reading
May 28, 2024
Item No. 8.14
ORDINANCE NO. 2024-00087
Second Reading
June 11, 2024
Item No. 5.28
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054
AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-LL; A ZONING CHANGE
FROM SF-2 TO HC ZONING DISTRICT AT 7502 AND 7446 19TH STREET,
LOCATED NORTH OF 19Tfi STREET AND WEST OF WAUSAU AVENUE,
FURGESON TRACTS ADDITION, LOT 1 AND APPROXIMATELY 2.545
ACRES OF UNPLATTED LAND OUT OF BLOCK D6, SECTION 1, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND,
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that due
to changed conditions, it would be expedient and in the interest of the public health,
safety and general welfare to make those proposed changes in zoning; and
WHEREAS, the 2040 Future Land Use Plan is a guide to help the Lubbock
Planning and Zoning Commission and the City Council determine the physical
development of the community; however, planning is a continuous process and change is
inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change is a minor deviation from the 2040 Future Land Use Plan,
which protects the public and private commitments that have been previously based on
the Plan; and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied with, including giving notices
in compliance with Section 39.07.007 of the Unified Development Code, City of
Lubbock, Texas, and the notices provided by the Texas Local Government Code
§211.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche-
Journal more than fifteen (15) days prior to the date of the public hearing before the City
Council on such proposed amendment, and the public hearing according to said notice,
was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at
which time persons appeared in support of the proposal; and after said hearing, it was by
the City Council determined that it would be in the public interest, due to changed
conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner
hereinafter set forth in the body of this Ordinance and this Ordinance having been
introduced prior to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2538-LL
SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map
are amended as follows:
A change of zoning under the provisions of Section 39.07.032 of the Unified
Development Code of the City of Lubbock from SF-2 to HC zoning district at
7502 and 7446 19'h Street, located north of 19�h Street and west of Wausau
Avenue, Furgeson Tracts Addition, Lot 1 and approximately 2.545 acres of
unplatted land out of Block D6, Section 1, City of Lubbock, Lubbock County,
Texas, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fine not to exceed Two Thousand and No1100
Dollars ($2,000.00) as provided in Section 39.09.004 of the Unified Development Code
of the City of Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on Ma� 2R, 2024
Passed by the City Council on second reading on June 11, 2024
ATTEST:
Courtney Paz, City Secreta
Zone Case No. 2538-LL
Page - 2
APPROVED AS TO CONTENT:
sten Sager, Director c�f Planning
APPROVED AS TO �'t3RM:
����iC. G���Ci��
lli Leisure, Senior Assistant City Attorney
vwlcityatUKel I ilZoneCase1ZC2538-LL
May 2, 2024
Zone Case No. 2538-LL
Page - 3
/ 2022083015 3 PGS D6ED
FHT/ Return To Service Title GE# 55741 ,II� �i� Iti����iI�A��I'1Y f'YI'ri� IriI�I�YTY�� ,� �I�
WARRAIYTX DEED
(STC ;jh/GF#55741)
NOTICE OF CONFIDENTIALITX RIGHTS: LF YOU ARE A NATURAL PERSON, YOU MAX
REMOVF. OR STRIKE ANY OR ALL OF THE FOLLO�VING INFORivIATION FltOM THIS
I�ISTRUMENT BEFORE IT IS FILEA FO[t RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OA YOUR DRNER'S LICENSE MJMBER.
Date: plovember 3 , 2022
Grantor: CAY\4US COVE LLC, a Texas limited liabiliry oompany
Grantee: YATESIBY, L,C., u Texas limited liability company
Gruntee'sMail3ngAddress: 5278-34th Street, Lubbock, Lubbock County, Texas 79407
Coneideration: $10.00 and other good und voluable consideraHon, to Grantor paid by Gran�ee, the receipt and
sufficiency of all af which is hereby acknowledged and confessed.
Property (including any improvements):
TItACT 1: Metes and Boundv Description of u 2.545 ncre tract of land, beiag out of that 42.36 acre tract of
land described as Tract 1{n County Cferk File Number (CCFI� 202203a143, Official Pnblic
Rccords nf Lubbock County, Te�cas (OPRLCf), being out of Section 1, Block D-6, Lubbock
Coimty, Te�cas, and being more particularly described as follows:
Begi�ming at a point in the East Right of Way linc of Waverly Road recorded in Volwne 321, Page
59, Deed Records of Lnbbock Counry, Texas (DRLCT), In the North Right of Way line of
i•lighway 1 l4 (19th S�eet} described in Volume 493, Pege 89, DRLGT, for the Southeast cornar of
Lots 1�-11, W.N. Futgeson Subdivision recorded in said Volnme 321, Page 59, and for the
Southwest corncr of this tract, wuence a fouad 1/2" iron rod with red cap beazs West, 0.36 feet, and
a found 1!2" iron rod with ted cap for th6 Southeast comer of said Lot 1, W.W. Ferguson, beurs
West, 40.38 fcet
Thence North, leaviug said Highway 114, and with the East lina of said Waverly Road, 402.40 feet
to a aei 1/2" iron rod with bluc cap marked DELTA LAND SURVEYII�lG foc t6e Northwest comer
of this �ract, whence a found 1/2" iron rod with red cap for the Northeast corner of said Lot 1 beazs
West, 40.00 feet, and a found ]/2" iron rod witl� blue eep mnrked DELTA LAND SURVfiYING
for a corner of said 42.36 acre tract bears Norih, 4U.00 feet;
Thenee East, leaving said Waverly Road, 275.48 feet io a set 1/2" iron rod with blue cep marked
DELTA LAND 3URVEYING in the West Right of Way line of Wausau Avenne, dedicated by the
plat of Bmwn Crest Subdivisian, Blodcs 1-4, recorded in Volume 346, Page 628, DRLCT, for Ihe
Northeast comer of this tract, whence a found 1/Z" iron rod with yellow cap marked HRA for the
Northeast corner of said 42.36 acre tract beazs North, 852.3I feet;
Thence South, witfi said Wausau Avenne, 402.40 feet to a found 1/2" iron rod with blue cap
marked D�LTA LAND SURVEYING in the North Right of Way line of saiJ Hig6way 114 for the
Soatheust corner of this tract;
i'ha�►ce West, leaving said Wausau Avenue and with said Highway 114, 275.48 feet to We Point of
Beginning.
TRACT II: LOT ONE (1), W.W. FUR(3ESON SUB-DN[SION of purt of the SWl/4 of Survey 1, Bloek D-6,
Cert. No. 803, H.E. & W.T. Ry. Co., Lubbock County, Texag, according to the Map, Plat and/or
Aedication Deed thereof recorded in Volume 321, Page 59 of the Official Public Records of •
Lubbock Caunty, Texas.
Reservations (ram Coaveyance: None
Exceptions lo Conveyance aud Warranly:
SUB7ECT TO restrietive covennnts os shown of record in Volume 321, Page 59, amended in Volume 394, Page
55 of the Deed Record4 of Lubbock County, Tezas, AS TO TRACT II ONLY.
THERE IS EXCEPT�D FROM THIS CONVEYANCE eny nnd nll interest, whetlier whole or au undivided
portion thereof, in the oil, gas and other minerals in and under the Property, royalty intcreat, or intcrest in royalty,
which may be ouutanding in partics otk�er tl�an Grantor resulting from pdor mservation and/or conveyance by •
predecessors in title, inc[uding but not limited to thxt certain interest described in instrumcnt of rccord in Volume
527, Page 4I6 of the Deed Records of Lubbock County, Texas; and Aocmnent No. 2022030143 of the �ftictal
Public Records of Lubbock County, Texas.
SUBlECT TO rigbts, if any, of third parlies with respect to any porcion of the Praperty lying within the limits or
boundaries of any public or privatc roadway or ulley inciudipg but not litnited to Vofume 493, Page 89, Deed
Records of Lubbock County, Texas.
SUBJECT TO Right of Way over and aaoss the South Fiftccn feet (S. 157 of snid trnct as shown by instrument
recordcd in Volume 491, Page 443, Deed Records of Lubbock County, Texas, AS TO TRAC'I' II ONLY.
SUBJECT TO those mnuers referenced on survey prepared by Timothy R, I3arry, Regstered Professional Land
Surveyor No. 6823, State of Te�cas, dated October 25, 2022 , including but not limited to ri�t of way on
Southem boundacy for I9" Street and overhead electric lines on the Southern boundary of thc property; and
ri�hts of tivrd parties, if any, thereto.
SUBJEGT TO any encrouclunent, encumbranca, violatIon, variation, or adverse circumstance affecting title to the
Propeny that would be disclosed by an accurate and camplcte Isnd survey of the Property, inetuding, witl�out
limittUiou, ell visible und nppsuent easements or uses, and all underground easements ar oses, the existence of
which may arise by unrecorded grant or by use.
SUBJECC TO rights ofparties in possession.
SUBJECT TO rigUts of tenants under nny wue�orded leases or rental agreements, to�ether with any security
interests given by tenants in fixtures laxted on the Property.
SUBJECT TO all leases, grant�, exceptions or roscrvations of coul, lignile, oil, gas and other minerals, together
witl� ull rights, privileges ond immunities relating thereto, appearing in the Public Recorda of Lubbock County,
i'exas.
Grantcc assumes ad valorem taxes for the year 2022, and snbsequeut assessments for thxt and prior years doe to
change in 1Tnd usage, ownership, or both, tlie payment of which is thc obligation of Cirnntor or Grantea in
uccorclance with Parugraph 13.B. of Unimproved Property Contract by and between Grantor and Grantee dated
September 30, 2022.
Grantar, for the Conxideiation and subjcct to the Reservarions &om Conveynace and the Exceptions to
Conveyance and Watraaty, grants, sells, and conveys to Grantee thc Property, together with all and singular thc
rights and eppwtensaces thereto in auy wny belonging, to ht�ve aad hold it to Grautee aad Grantee's heirs,
succassors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever
dcfcnd all and singular the Property to Ornntee nnd orantee's l�eirs, successors, and assipwc againsc every person
whomsoever IawrfLlly claiming or to claim the same or any part theieof, cxapt as to the Reservntions from
Conveyance and tl�e Exceptious to Convayance and Warranty.
Wlien the context requires� singular nouns and pronouns inelude the plural.
CAYMUS COVE LLC, a Texas limitecl liability
compnny
By:
Preston Despenns, vlunagec
THE S7'ATE OF TEXAS
COLINTY OF LUBBOCK
BEFORB v[E, the uudersigned, beuig a Notary PuUlic in and for the State of Texas, on tl�is day personally
appeared Preston Despenas, Irnown to me, or proved to me to be the person whose name is subscribed to the
foregoing instrument and acknowled�ed to me that he executed the ins�ument as tbe act of CAYMUS COVB
LLC, a Texas limited liability company, and that he executecl the instrumenl on behalf of lhe limited liability
company fior the purposes and consideraHon expressed, and in the capaciry hereinabove stated.
GIVEN-UNDER MY HAND AND SEAL OF OFFICE this�day of��:-�' 022.
���. FRED H. TIMBEflLAKE JR
Notary� Publ�C, �ate o( Te�as
Nctary iD# 72864�3 Notary ic, State of Texas
•- aR ��I� CcRm ssian Fxpires 1?-07•2025
Prepared in tLe Iaw Ofncx oE
TIMBERLAKE & WEAVER, P.C.
I 4118-A Buddy Holly Ave.
Lahbnrk,TeKas79401
s:tivvs srnnea�xornvo�esm+ra»ai-an.vaa�aasi �n�e
�____
F=LED AND RECORDED
OFFICIAL PtlBLIC RECOROS
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